This paper presents a model of penalties that reconciles the conflicting accounts optimal punishment by Becker, who argued penalties should internalize social costs, and Posner, who suggested penalties should completely deter offenses. The model delivers specific recommendations as to when...

A century ago, captains of industry and their allies in government launched a social experiment in urban America: the abandonment of mass transit in favor of a new personal technology, the private automobile. Decades of investment in this shift have created a car-centric landscape with...

Major crises like the ongoing and future one connected to the SARS-CoV-2 virus have a way of exposing current public-policy approaches as being woefully inefficient and insufficient at accomplishing their stated aims. While programs connected to public health and the economy will receive the...

This paper deals with the fundamental procedural rights of companies that are targeted in the enforcement of Articles 101 and 102 TFEU by the European Commission or the competition authorities of the EU Member States. The paper first provides a (non-exhaustive) list of such rights as applicable...

Organized crime and corruption are shaped by the lack of strength of the control mechanisms of the State and civil society. The results presented in the present article attest to the links between the growth of organized crime and that of corruption in the public sector in a large number of...

Professor Martha C. Nussbaum is an accomplished scholar in an impressive variety of fields. Drawing on her diverse academic backgrounds, Nussbaum has written extensively about emotions and their importance for law from the perspective of her primary specialty, philosophy. Her book Hiding from...

A common proposal to improve US policing is to increase minority representation in police departments. The net effect of such policies depends on the direct effect of the minority officers as well as their peer effect on others. I document the effect of minority peers in the Chicago police...

While most legal commentators believe the battle over abortion is about to shift decisively from the Supreme Court to state legislatures, recent legislative developments are spotlighting the prospect that conservative religious pro-life state lawmakers won’t so easily let the Court leave the...

Society uses law to encourage people to behave differently than they would behave in the absence of law. This fundamental purpose makes law highly dependent on sound understandings of the multiple causes of human behavior. The better those understandings, the better law can achieve social goals...

Since the terrorist attacks of 11 September 2001, legislatures around the world have increasingly invoked preventive detention measures to address perceived security risks to the community. Australia has been no exception to this trend. Whilst not a new phenomena, the growing use by States of...